36 Md. 73 | Md. | 1872
delivered the opinion of the Court.
This appeal is from an order granting an injunction and appointing a receiver.
The bill and exhibits show that the complainants having purchased at trustee’s sale a tract of land in Prince George’s county, containing about seven hundred and ninety-two acres, made a written agreement with the defendant, on the 12th of January, 1870, by which they agreed to sell and ho to purchase, one undivided eighth part thereof for $2,968.13, payable in instalments; he also agreeing to pay one-eighth of all expenses incurred in the purchase of the whole tract, and in improving the same, including the building of houses, since the 10th of November, 1869, and to move with his family on the land and farm a portion of it on such terms as are usual in that part of Maryland.
Under this contract the complainants put the defendant in possession of about one-half the land, but difficulties having subsequently arisen between them, owing, as the bill charges, to the bad conduct of the defendant and his neglect and mismanagement of the property of the complainants, who had in
So far as it is necessary to state the terms of this latter agreement, it appears the complainants thereby agree to pay the defendant $100, to refund to him the money he had then advanced under the previous contract, amounting to $1,855.08, t,o allow him and his family to remain in the dwelling house, and to work certain designated parts of the land, which he on his part agreed to work to the best advantage and in such crops as he thought proper, and • “ to vacate the dwelling house and land on or before the Isá day of January, 1872;” he was also to have one-half of all the crops, including the provender made on the land during the year 1871, and they reserved the right to enter and make improvements upon the property and to seed<the land in the fall of 1871.
The bill filed on the 29th of January, 1872, contains numerous statements and charges. We shall notice only those the complainants’ counsel have deemed most material. They are in substance as follows: The complainants aver they have in good faith performed their part of the contract of January, 1871, have paid to the defendant the $100, and tendered to him the whole amount he had advanced under the agreement' of January, 1870, which he has declined to receive, and have permitted him with his family to occupy the dwelling house, and to work and cultivate, as their tenant, for the year 1871, that part of the laud they agreed he should work. They charge that his management and cultivation since January 1871, has" been very destructive and injurious to the land itself and the buildings thereon-; that he has permitted a large new tobacco house to be blown down and destroyed, for want of care and proper attention; that he has refused, and still refuses, to pay the rent due for the year
The prayer of the bill is that an injunction be issued enjoining, restraining and forbidding the defendant from further using or occupying the said property, lands and dwellings thereon, and enjoining and forbidding him to attempt further to cultivate the said lands, or any part thereof, or. in any manner interfering with the same or any part thereof, and also for appointment of a receiver for the said property with power and authority to take possession of and preserve the same in all respects, and to farm and cultivate the said land, and to collect, receive and take care of all the rents, crops, issues and profits thereof, to be accounted for in this Court, until the further order of the Court, and for full and general relief in the premises.
On this bill with the accompanying exhibits the Court passed the order from which this appeal is taken, directing the injunction to issue as prayed, and at the same time appointing a receiver to take charge of the real estate mentioned in the bill, and to cultivate, manage and' collect the rents and profits due or arising therefrom, and requiring the defendant to deliver the same to the receiver, subject however to any future.order of the Court.
It is plain the whole scope and purpose of this bill, the ultimate object it seeks to' attain, is to oust the defendant of possession of the land and dwelling house. This has been done by means of a receiver and the writ of injunction in the form asked for and granted. These have been made to perform the office of a writ of habere facias possessionem. Thus the main object of the bill has been attained by the order appealed from, passed on an ex parte application, without allowing the defendant an opportunity to be heard. No authority or precedent for such a proceeding has been cited,
What was the relation between these parties? The bill avers and the exhibits show the defendant was' tenant of the complainants for the year 1871, under an agreement to render as rent a portion of the crops raised upon the land, and to quit the premises at the end of that year. .The law clothed the landlords with ample power to terminate that tenancy at its expiration, and summarily eject the tenant if he held over. If they failed to take the necessary steps to that end, does this give them the right to ask a Court of Equity to remove him? If by reason of this failure the defendant has acquired the right to continue their tenant at sufferance or for another year, has equity jurisdiction to intervene and oust him because he is a bad manager or cultivator, or is vicious1 and disagreeable to his landlords, or is insolvent? Cases not unfrequently occur where a receiver of-rents and profits1 of x-eal estate may he appointed even on an ex parte application, where the main object of the bill is some relief properly cognizable in equity, and the purpose is to preserve and secure them for the benefit of those ultimately entitled. In such cases the averment of insolvency of the party in possession and receipt of the rents and profits, is most important in making out that strong and special case of imminent danger of loss always required as essential to a departure from the old rule, not to make such an appointment in any case, under any circumstances, before answer. Thus in Clark vs. Ridgely, 1 Md. Ch. Dec., 70, the complainants claimed title to a trust real estate and the rents and profits thereof, and sought by their bill a sale for the purpose of partition and an account of the rents and profits from the party in possession. The bill also asked for a receiver, and we may assume the Chancellor would have made the appointment at once, axxd rightfully, if there had been an averment that the party in the
The only ground of interference by a Court of Equity in a case like this is to prevent waste or acts of irreparable injury. If that had been the relief sought, and the injunction confined to this preventive remedy, we should have affirmed the action of the Court below in granting the injunction. For that purpose the averments of the bill are sufficient, and the case would fall within the numerous decisions of this Court, settling the law upon that subject. There is no prayer for such specific relief in the bill, but under the prayer for general relief the complainants may apply for a modified injunction covering this ground, which may be granted if the Court below, on considering the bill and answer (the latter of which this Court is not at liberty to notice on this appeal) or on further application, shall .deem it proper. For that purpose the cause, on reversal of the order appealed from, will be remanded.
Order reversed and , cause remanded.